No. 2 Summons for Settlement of Issues (O. 5, R. 1,5.)
[Name, description and place of residence.]
Whereas …………………………………………………….. has instituted a suit against you for……… you are hereby summoned to appear in this Court in person, or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some persons able to answer all such questions, on the ….. day of……… 19….., at ……… o’clock in the ……… noon, to answer the claim; 1[and further you are hereby directed to file on that day a written statement of your defence and to produce on the said day all documents in your possession or power upon which you base your defence or claim for set-off or counter-claim, and where you rely on any other document whether in your possession or power or not, as evidence in support of your defence or claim for set-off or counter-claim, you shall enter such documents in a list to be annexed to the written statement].
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence.
Given under my hand and the seal of the Court, this ……. day ……… 19….,
Notice.-1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call on the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or I both.
1. Subs. by Act 104 of 1976, for certain words (w.e.f. 1.2.1977).
HIGH COURT AMENDMENT
Bombay.-In Appendix B, in Form No. 2, insert the following notice, namely:-